04/26/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Timothy W. Leedham, Trustee of the Osprey Island Nominee Trust 71 Monomoscoy Road, Map 108 Parcel 9 Mashpee, MA 02649 SP-2023-27 This project was approved by the Conservation Commission. The lot structure coverage is increasing from 5.27% to 8.1%but is well within the allowed lot structure coverage. The setback to wetlands is zero. There are no new non-conformities being created, and there is a proposed garage that will provide sufficient parking.The proposed dwelling will be building code compliant, there will be dry wells installed to contain all water runoff, and there's an existing I/A system. Mr. Bonvie questioned a note on the site plan depicting a previously approved detached garage on the lot. He asked if there was a building permit for that garage. Mr.Dibb said that this plan was originally submitted and approved by Conservation for a proposed detached garage only,but never progressed to a building permit. The proposal is now for the entire dwelling. Mr. Bonvie asked if Conservation elaborated on the new development because it's on the wetlands resource areas. Mr. Dibb said that Concom noted the critical areas and will be subject to erosion control,and the accessory building is being removed and not being rebuilt. Conservation approved this project at their last meeting. Attorney Kirrane stated for the record the reasons he believes the Board can approve this raze and replace project. He stated that the proposed new dwelling is not more detrimental to the neighborhood than what currently exists. GENERAL FINDINGS The Board of Health comments dated April 21, 2023 were read into the record, "Needs a Title 5 Inspection". The Conservation Department comments dated April 25, 2023 were read into the record; The Commission voted to approve the proposed project at 71 Monomoscoy Rd and we'll be issuing an order of conditions within 21 days of the date of approval(approval date was April 20th). " Mr.Bonvie read the comments submitted by Dan,Assistant Conservation Agent,"71 Monomoscoy Road was closed and approved with the following conditions: 3 year mitigation monitoring contract, existing order of conditions to be closed out prior to any construction commencement." GENERAL CRITERIA The subject property located 71 Monomoscoy Road is a total of 9.2 acres. There were no abutters present. 2